It depends on the specific situation.
The State Administration for Market Regulation is an agency directly under the State Council and is at the ministerial level. The brands of the National Certification and Accreditation Administration and the National Standardization Administration will be retained externally. The State Administration for Market Regulation of the People's Republic of China is based on the "Decision of the Central Committee of the Communist Party of China on Deepening the Reform of the Party and State Institutions" and the "Plan for Deepening the Reform of the Party and State Institutions" adopted at the Third Plenary Session of the 19th CPC Central Committee. ” and the “State Council Institutional Reform Plan” approved by the first session of the 13th National People’s Congress. On April 10, 2018, the State Administration for Market Regulation was officially listed. On May 17, 2021, the founding meeting of the Expert Advisory Group of the Technical Trade Measures Research Center of the State Administration for Market Regulation and the Expert Advisory Group of the Notification Review Center was held in Beijing.
The State Administration for Market Regulation implements the Party Central Committee’s guidelines, policies and decisions on market supervision and management, and upholds and strengthens the Party’s centralized and unified leadership over market supervision and management in the process of performing its duties. The main responsibilities are:
(1) Responsible for comprehensive market supervision and management. Draft relevant laws and regulations on market supervision and management, formulate relevant regulations, policies and standards, organize the implementation of quality power strategy, food safety strategy and standardization strategy, formulate and organize the implementation of relevant plans, standardize and maintain market order, and create an environment of honesty, trustworthiness and fair competition. market environment.
(2) Responsible for the unified registration of market entities. Guide the registration work of market entities such as various enterprises, farmers' professional cooperatives and units engaged in business activities, individual industrial and commercial households, and permanent representative offices of foreign (regional) enterprises. Establish an information disclosure and sharing mechanism for market entities, disclose and share relevant information in accordance with the law, strengthen credit supervision, and promote the construction of a credit system for market entities.
(3) Responsible for organizing and guiding the comprehensive law enforcement work of market supervision. Guide the integration and construction of local market supervision comprehensive law enforcement teams and promote the implementation of unified market supervision. Organize the investigation and handling of major illegal cases. Standardize market supervision administrative law enforcement activities.
(4) Responsible for unified anti-monopoly law enforcement. Coordinate and promote the implementation of competition policies and guide the implementation of the fair competition review system. Conduct anti-monopoly reviews of concentration of business operators in accordance with the law, and be responsible for anti-monopoly law enforcement such as monopoly agreements, abuse of market dominance, and abuse of administrative power to eliminate or restrict competition. Guide enterprises in responding to antitrust lawsuits abroad. Responsible for the daily work of the Anti-Monopoly Committee of the State Council.
(5) Responsible for supervising and managing market order. Supervise and manage market transactions, online commodity transactions and related services in accordance with the law. Organize and guide the investigation and prosecution of violations of price and charging regulations, unfair competition, illegal direct selling, pyramid schemes, infringement of trademarks, patents and intellectual property rights, and the production and sale of counterfeit and shoddy products. Guide the development of the advertising industry and supervise and manage advertising activities. Guide the investigation and punishment of unlicensed production and operation and related unlicensed production and operation activities. Guide the China Consumers Association in carrying out consumer rights protection work.
(6) Responsible for macro quality management. Develop and implement institutional measures for quality development. Coordinate the construction and application of national quality infrastructure, organize and implement quality supervision systems for major engineering equipment in conjunction with relevant departments, organize investigations into major quality accidents, establish and uniformly implement defective product recall systems, and supervise and manage product anti-counterfeiting work.
(7) Responsible for product quality and safety supervision and management. Manage product quality and safety risk monitoring and national supervision and spot inspections. Establish and organize the implementation of a quality classification system and a quality and safety traceability system. Guide the management of industrial product production licenses. Responsible for fiber quality supervision.
(8) Responsible for the safety supervision and management of special equipment. Comprehensively manage the safety inspection and supervision of special equipment, supervise and inspect the implementation of energy-saving standards for high-energy-consuming special equipment and boiler environmental protection standards.
(9) Responsible for the comprehensive coordination of food safety supervision and management. Organize the formulation and implementation of major food safety policies. Responsible for the construction of the food safety emergency system, organizing and guiding the emergency response, investigation and handling of major food safety incidents. Establish and improve a direct reporting system for important food safety information. Responsible for the daily work of the Food Safety Committee of the State Council.
(10) Responsible for food safety supervision and management. Establish a supervision and inspection system and a hidden danger investigation and management mechanism covering the entire process of food production, circulation, and consumption, and organize their implementation to prevent regional and systemic food safety risks. Promote the establishment of a mechanism for food producers and operators to implement their main responsibilities and improve the food safety traceability system. Organize and carry out food safety supervision and sampling, risk monitoring, verification and disposal, risk warning, and risk communication. Organize and implement special food registration, filing, supervision and management.
(11) Responsible for the unified management of measurement work. Promote legal units of measurement and the national measurement system, and manage measuring instruments and value transfer and comparison. Standardize and supervise commodity volume and market measurement behaviors.
(12) Responsible for the unified management of standardization work. Responsible for the establishment, numbering, external notification, authorization, approval and issuance of mandatory national standards in accordance with the law. Develop recommended national standards. Coordinate, guide and supervise the formulation of industry standards, local standards and group standards in accordance with the law. Organize and carry out international cooperation on standardization and participate in the formulation and adoption of international standards.
(13) Responsible for the unified management of inspection and testing work. Promote the reform of inspection and testing institutions, standardize the inspection and testing market, improve the inspection and testing system, and guide and coordinate the development of the inspection and testing industry.
(14) Responsible for the unified management, supervision and comprehensive coordination of national certification and accreditation work. Establish and organize the implementation of a unified national certification, accreditation and conformity assessment supervision and management system.
(15) Responsible for market supervision and management technology and information construction, news publicity, international exchanges and cooperation. Undertake work related to technical trade measures as required.
(16) Manage the State Drug Administration and the State Intellectual Property Office.
(17) Complete other tasks assigned by the Party Central Committee and the State Council.
(18) Functional transformation. 1. Vigorously promote quality improvement. Strengthen comprehensive quality management and the construction of national quality infrastructure systems, improve the quality incentive system, and promote brand building. Accelerate the establishment of a mandatory reporting system for enterprise product quality and safety accidents and a first-question and first-pay compensation system for operators, innovate third-party quality evaluation, strengthen the main responsibility of producers and operators, and promote advanced quality management methods. Fully implement the self-declaration disclosure and supervision system for enterprise product and service standards, cultivate and develop technologically advanced group standards, improve the overall level of domestic standards in line with international standards, and promote the construction of a quality power through standardization. 2. Deepen the streamlining of administration and decentralization of power. Deepen the reform of the commercial system, reform the systems for enterprise name approval and market entity withdrawal, deepen the reform of "separation of licenses and licenses", promote "reduction of licenses after license", and shorten the time for business establishment. Accelerate the market-oriented socialization reform of inspection and testing institutions. We will further reduce activities such as evaluation of standards, recognition of rewards, and demonstration creation, reduce administrative approval matters, significantly reduce industrial product production licenses, and promote the optimization of the business environment. 3. Strictly adhere to the bottom line of safety. Follow the requirements of "the most rigorous standards, the most stringent supervision, the most severe penalties, and the most serious accountability", strengthen food safety, industrial product quality safety, and special equipment safety supervision in accordance with the law, strengthen on-site inspections, severely punish violations of laws and regulations, and effectively Prevent systemic risks so that people can buy, use and eat with confidence. 4. Strengthen supervision during and after the event. Accelerate the cleanup and abolition of various regulations and practices that hinder a unified national market and fair competition, and strengthen unified law enforcement against monopoly and unfair competition. Strengthen supervision based on standards, strengthen risk management, comprehensively implement "double randomization, one disclosure" and "Internet supervision", accelerate the sharing of regulatory information, and build a new market supervision system with information disclosure as a means and credit supervision as the core. . 5. Improve service levels. Accelerate the integration of consumer complaints, quality supervision and reporting, food and drug complaints, intellectual property complaints, and price reporting hotlines. Promote the facilitation of the entire process from entry to exit of market entities, actively serve the development of new technologies, new industries, new business formats and new models, use big data to strengthen services to market entities, actively serve individual industrial and commercial households, private enterprises and the working public, and promote mass entrepreneurship and public entrepreneurship. Innovation.
(19) Relevant division of responsibilities. 1. Division of relevant responsibilities with the Ministry of Public Security. The State Administration for Market Regulation and the Ministry of Public Security have established a linkage mechanism between administrative law enforcement and criminal justice work.
If the market supervision and administration department discovers that illegal acts are suspected of being criminal, they shall promptly transfer the case to the public security organs in accordance with relevant regulations. The public security organs shall promptly conduct an examination and make a decision to file or not file the case in accordance with the law. If the public security organ requests the market supervision and administration department to provide assistance in inspection, appraisal, identification, etc. in accordance with the law, the market supervision and administration department shall provide assistance. 2. Relevant division of responsibilities with the Ministry of Agriculture and Rural Affairs. (1) The Ministry of Agriculture and Rural Affairs is responsible for the quality and safety supervision and management of edible agricultural products from planting and breeding to before entering wholesale and retail markets or production and processing enterprises. After edible agricultural products enter wholesale and retail markets or production and processing enterprises, they will be supervised and managed by the State Administration for Market Regulation. (2) The Ministry of Agriculture and Rural Affairs is responsible for the supervision and management of the prevention and control of animal and plant diseases, the quality and safety of livestock and poultry slaughtering, and the purchase of raw milk. (3) The two departments should establish food safety origin access, market access and traceability mechanisms, strengthen coordination and work connection, and form a regulatory synergy. 3. Division of relevant responsibilities with the National Health Commission. The National Health Commission is responsible for food safety risk assessment and, together with the State Administration for Market Regulation and other departments, formulates and implements food safety risk monitoring plans. If the National Health Commission discovers that food may have potential safety hazards through food safety risk monitoring or receives reports, it shall immediately organize inspections and food safety risk assessments, and promptly report the results of the food safety risk assessment to the State Administration for Market Regulation. For food that is concluded to be unsafe, the State Administration for Market Regulation should take immediate measures. If the State Administration for Market Regulation discovers the need for food safety risk assessment during its supervision and management work, it shall promptly make recommendations to the National Health Commission. 4. Relevant division of responsibilities with the General Administration of Customs. (1) The two departments should establish a mechanism to avoid repeated inspections, repeated charges, and repeated penalties on various types of imported and exported commodities, imported and exported food, and cosmetics, and reduce the burden on enterprises. (2) The General Administration of Customs is responsible for the safety supervision and management of imported food. Imported food and food-related products must comply with my country's national food safety standards. If food safety incidents occurring overseas may have an impact within my country, or if serious food safety problems are found in imported food, the General Administration of Customs shall promptly take risk warning or control measures and notify the State Administration for Market Regulation. The General Administration shall take corresponding measures in a timely manner. (3) The two departments should establish a mechanism for reporting and coordinating information on imported product defects. When the General Administration of Customs discovers imported products that are unqualified or have potential safety hazards during port inspection and supervision, they will implement technical processing, return, and destruction in accordance with the law, and report them to the State Administration for Market Regulation. The State Administration for Market Regulation uniformly manages the recall of defective products. If it is informed that imported products are defective through consumer reports, accident investigations, injury monitoring, etc., it will implement recall measures in accordance with the law; for those who refuse to perform recall obligations, the State Administration for Market Regulation will report to the General Administration of Customs The General Administration of Customs will take corresponding measures according to law. 5. Relevant division of responsibilities with the State Drug Administration. The State Food and Drug Administration is responsible for formulating the regulatory system for drugs, medical devices and cosmetics, and for licensing, inspection and punishment of the research and development of drugs, medical devices and cosmetics. The provincial drug regulatory authorities are responsible for the licensing, inspection and punishment of the production of drugs, medical devices and cosmetics, as well as drug wholesale licensing, retail chain headquarters licensing, Internet sales third-party platform registration, inspection and punishment. The market supervision and management departments at the city and county levels are responsible for the licensing, inspection and punishment of drug retail and medical device operations, as well as the inspection and punishment of cosmetics operations and the quality of drugs and medical device use. 6. Relevant division of responsibilities with the State Intellectual Property Office. The State Intellectual Property Office is responsible for the business guidance of trademark and patent enforcement work, formulating and guiding the implementation of trademark and patent rights confirmation and infringement judgment standards, formulating inspection, appraisal and other related standards for trademark and patent enforcement, establishing mechanisms, and implementing policy standards. Connection and information notification, etc. The State Administration for Market Regulation is responsible for organizing and guiding trademark and patent enforcement work.